Sims' Administrator v. Kelsay
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — Hon. G. W. Miller, Judge. Mrs. Evaline U. McCoy, claiming title to a house and lot in Versailles, Morgan county, let the same to defendant John B. Eelsay, who immediately went into possession. Shortly thereafter John Sims, then administrator of the estate of John C. McCoy, the deceased husband of Mrs. E. IT.
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Appeal from Morgan Circuit Court. — Hon. G. W. Miller, Judge. Mrs. Evaline U. McCoy, claiming title to a house and lot in Versailles, Morgan county, let the same to defendant John B. Eelsay, who immediately went into possession. Shortly thereafter John Sims, then administrator of the estate of John C. McCoy, the deceased husband of Mrs. E. IT. McCoy, offered the same premises for sale as part of the estate of the deceased, and Eelsay became the purchaser ; and afterward refused to pay rent for the premises. Thereupon Mrs. McCoy brought this suit, an action of unlawful detainer, and obtained…
1Opinion of the CourtSherwood, C. J.
No appeal was taken from the judgment rendered at the April term, 1878, and on the 3rd day ■of April, in favor of Evaline U. McCoy, for possession of the premises, and for damages for the detention thereof. After judgment rendered, and after the term had passed, the defendant, as the record recites, in pursuance of the' judgment, voluntarily surrendered possession of the prem*70ises to Evaline U. McCoy, but failed to pay the damages assessed ; that subsequently John Sims, the present plaintiff, was appointed and qualified as her administrator.
At the October term, 1878, the administrator moved…
2Cases cited5 opinions
- Dodson v. ScroggsSupreme Court of Missouri · 1871
- Baker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
- Stone v. CorbettSupreme Court of Missouri · 1855
- Cones v. WardSupreme Court of Missouri · 1871
- Gaston v. WhiteSupreme Court of Missouri · 1870
3Cited by1 opinion
- Smith v. MountMissouri Court of Appeals · 1910